Health Insurance Act 1973 - Declaration of Quality Assurance Activity under section 124X (QAA No. 1/2010)

Administered by Department of Health, Disability and Ageing

Legislation au F2010L01476 Not in force Legislative Instrument

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Declaration of Quality Assurance Activity
under section 124X of the Health Insurance Act 1973 — QAA No. 1/2010

as amended

Compilation start date:  3 June 2014

Includes amendments up to: Amendment Declaration of Quality Assurance Activities under section 124X of the Health Insurance Act 1973─ QAA 1/2014

 

About this compilation

This compilation

This is a compilation of the Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 ─ QAA No. 1/2010 as in force on 3 June 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 11 September 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

 

I, NICOLA ROXON, Minister for Health and Ageing, under Section 124X of the Health Insurance Act 1973 (the Act):

 

  1. DECLARE the Activity described in the Schedule to this declaration (the Activity) to be a  quality assurance activity to which Part VC of the Act applies being satisfied in relation to the Activity that:

(i)            the organisation engaging in the Activity is authorised to do so by an association of health professionals; and

(ii)          it is in the public interest that Part VC of the Act applies to the Activity having regard to the criteria prescribed in regulations 23C to 23G (inclusive) of the Health Insurance Regulations 1975.

 

SCHEDULE

QAA No. 1/2010

DECLARED QUALITY ASSURANCE ACTIVITY TO WHICH

PART VC OF THE HEALTH INSURANCE ACT 1973 APPLIES

 

Item       Description of Quality Assurance Activity

____________________________________________________________________________

 

1. Organisation engaging in activity: Breast Surgeons of Australia and New

       Zealand, Inc. (BreastSurgANZ)

 

Title: BreastSurgANZ Quality Audit 

 

Description: The National Breast Cancer Audit is a clinical audit which collects medical information about early breast cancer treatment, compares the performance of surgeons to quality thresholds and produces reports and papers that provide an evidence base for potential changes in treatment to improve patient outcomes.

 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

 

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = legislative instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

 

 /sub-subparagraph(s)

 

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Declaration of Quality Assurance Activity under section 124X ─ 1/2010

31 May 2010 (F2010L01476)

1 June 2010

 

Amendment Declaration of Quality Assurance Activities under section 124X of the Health Insurance Act 1973─ QAA 1/2014

2 June 2014 (F2014L00640)

3 June 2014

—

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Sch

 

item 1...................

am F2014L00640

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 

 

Overview

The Health Insurance Act 1973 was enacted by the Parliament of Australia to regulate private health insurance and establish a framework for ensuring quality and equitable healthcare services. The Act aims to protect consumers and maintain the integrity of the private health insurance system. One of its components is the declaration of quality assurance activities, which ensures that certain activities are subject to quality standards and oversight. The 2010 legislative instrument, F2010L01476, pertains to the declaration of a quality assurance activity under section 124X of the Health Insurance Act 1973. This particular instrument, QAA No. 1/2010, was introduced to address the need for quality oversight in health services by declaring specific activities that must adhere to quality assurance standards. The policy objective of this declaration is to ensure that the health services provided are of high quality and meet the prescribed standards, thereby protecting the public interest. The instrument was declared by Nicola Roxon, the Minister for Health and Ageing, and was in force from 1 June 2010.

Scope and Application

The Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973—QAA No. 1/2010, as amended, applies to the specific quality assurance activity of the National Breast Cancer Audit conducted by BreastSurgANZ, an association of health professionals. The declaration specifies that the activity falls under Part VC of the Health Insurance Act 1973, provided that the organisation is authorised to conduct the activity by an association of health professionals and it is in the public interest for Part VC to apply to the activity. The geographic reach of this legislation is national, as it is a Commonwealth Act. The legislation extends its application through subordinate instruments, namely the Health Insurance Regulations 1975, which include specific criteria that must be satisfied for a quality assurance activity to be declared under section 124X of the Act. There are no exclusions, exemptions, or thresholds mentioned in the text of the Act itself, but these may be detailed in the Health Insurance Regulations 1975.

Key Provisions

The main operative sections of this legislative instrument, F2010L01476, declare the "Quality Assurance Activity" to be subject to Part VC of the Health Insurance Act 1973 (the Act), through section 124X. The declaration identifies the specific activity as the "National Breast Cancer Audit" conducted by Breast Surgeons of Australia and New Zealand, Inc. (BreastSurgANZ). This audit collects data on early breast cancer treatment, compares surgeon performance against quality benchmarks, and produces reports intended to improve patient outcomes (Schedule, Item 1). The declaration is made under the authority of the Minister for Health and Ageing and is subject to certain conditions being met, namely that the activity is authorised by an association of health professionals and is in the public interest (Declaration, clause 2). The obligations imposed on the parties by this Act include ensuring that the quality assurance activity is conducted in accordance with the criteria set out in regulations 23C to 23G of the Health Insurance Regulations 1975. BreastSurgANZ must collect and analyse data on early breast cancer treatment, compare the performance of surgeons to the established quality thresholds, and publish reports that provide an evidence base for potential changes in treatment to improve patient outcomes. The Act also mandates that the activity be authorised by an association of health professionals and that it serves the public interest, as assessed against the prescribed criteria. Failure to comply with the requirements of the Act may result in civil or criminal consequences. While the specific penalties are not detailed within this legislative instrument, breaches of the Health Insurance Act 1973 generally may lead to fines or imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law and statutory provisions. The declaration itself does not explicitly state penalties but references to the primary Act and regulations would provide further detail on potential sanctions for non-compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.